board of counseling quarterly board meeting …...natkai akbar, lpc applicant the agency subordinate...

* Requires Board Action

BOARD OF COUNSELING QUARTERLY BOARD MEETING Friday, May 19, 2017 – 10:00 a.m.

Second Floor – Perimeter Center, Training Room 2

10:00 a.m. Call to Order – Kevin Doyle, Ed.D., LPC, LSATP, Chairperson

I. Welcome and IntroductionsA. Emergency evacuation instructions

II. Adoption of Agenda

III. Public Comment

IV. Approval of Minutes*A. Board meeting minutes of January 27, 2017

V. Agency Director’s Report: David E. Brown, D.C.

VI. Chairman Report: Kevin Doyle, Ed.D., LPC, LSATP

VII. Staff ReportsA. Executive Director’s Report: Jaime HoyleB. Deputy Executive Director’s Report: Jennifer Lang

a. Discipline ReportC. Licensing Manager’s Report: Charlotte Lenart

a. Licensing ReportD. Board Counsel Report: James Rutkowski

VIII. Committee ReportsA. Board of Health Professions Report: Kevin DoyleB. Regulatory/Legislative Committee Report: Charles Gressard, Ph.D., LPC,

LMFT, LSATP

IX. Unfinished Business

X. New BusinessA. Regulatory/Legislative Report: Elaine Yeatts, Senior Policy AnalystB. Discussion on Peer Recovery Specialist and Qualified Mental Health

Professional(QMHP)C. Petition for Rule-MakingD. Board Developmental MeetingE. Next MeetingF. Closed Session – Consideration of recommended decisions

12:00 p.m. Adjournment

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DRAFT BOARD OF COUNSELING

QUARTERLY BOARD MEETING Friday, January 27, 2017

TIME AND PLACE: The meeting was called to order at 10:11 a.m. on Friday, January 27, 2017, in Board Room 1 at the Department of Health Professions, 9960 Mayland Drive, Henrico, Virginia.

PRESIDING: Kevin Doyle, Ed.D., LPC, LSATP

BOARD MEMBERS PRESENT: Johnston Brendel, Ed.D., LPC, LMFT Cinda Caiella, LMFT Charles Gressard, Ph.D., LPC, LMFT, LSATP Bev-Freda L. Jackson, Ph.D., MA, Citizen Member Sandra Malawer, LPC, LMFT Vivian Sanchez-Jones, Citizen Member Terry R. Tinsley, Ph.D., LPC, LMFT, CSOTP, NCC Holly Tracy, LPC, LMFT

BOARD MEMBERS ABSENT: Danielle Hunt, LPC Jane Nevins, LPC, LSATP Phyllis Pugh, LPC, LMFT, CSAC

STAFF PRESENT: Tracey Arrington-Edmonds, Licensing Specialist Christy Evans, Discipline Case Specialist Jaime Hoyle, Esq., Executive Director Jennifer Lang, Deputy Executive Director Charlotte Lenart, Licensing Manager James Rutkowski, Assistant Attorney General Elaine Yeatts, DHP Senior Policy Analyst

WELCOME: Dr. Doyle welcomed the Board members, staff and the general-public in attendance.

ORDERING OF AGENDA: The agenda was adopted as presented.

PUBLIC COMMENT: No public comment.

APPROVAL OF MINUTES: Dr. Brendel moved and seconded by Ms. Sanchez-Jones to approve the minutes of the November 4, 2016 Board meeting. The motion passed unanimously.

DHP DIRECTOR’S REPORT: Dr. Brown was not present to provide a report.

EXECUTIVE DIRECTOR’S REPORT:

Executive Director, Ms. Hoyle welcomed and thanked everyone in attendance. Ms. Hoyle reported that the Board’s operating budget as of December 2016 was provided as a separate handout. Ms. Hoyle reminded the Board that regulations changing the fees for the Board of Counseling will take effect on

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Counseling Quarterly Meeting Minutes January 27, 2017

pg. 2

February 8, 2017. Ms. Hoyle also informed the Board on staffs continued efforts to go green by implementing the emailing of annual renewal notices for the 2018 renewal. The 2017 annual renewal notices will be sent by postal mail service and email. Board staff continues to work towards employing online applications and hopes to have this new process available by summer.

DEPUTY EXECUTIVE DIRECTOR’S DISCIPLINE REPORT:

Ms. Lang reported the first quarter number of cases closed (47), open cases (98) and the cases received (27). The average time to close a case is 375.5 days. The percentage of cases of all types closed within 365 calendar days is 45.5%. She thanked the Board member for their work in reviewing case files in a timely manner. Mrs. Evans reported that 1% of licensees were audited for continued competency requirements that consisted of 38 LPC’s, 7 LMFT’s and 2 LSATP’s. Most of the licensees provided documented of completion of the required continued competency requirements others are working on completing the continued competency requirements per the additional time agreed upon with the Board

LICENSING MANAGER’S REPORT:

Mrs. Lenart reported the Board of Counseling regulated 7,808 licensees as of the end of second quarter of the 2017 Fiscal Year (October 1, 2016 – December 31, 2016). As of the last Board meeting, the Board licensed 172 individuals. The Board of Counseling staff continues to work hard to provide feedback to applicants within 24 hours and to process complete applications within 30 business days. Ms. Lenart also reported that staff continues to receive an increasing number of incomplete applications and hopes that the updated application packets will provide clear instructions to help eliminate this issue.

In addition, Ms. Lenart provided an update on the results of the NCAC1 exam for CSAC certification. As of January 2017, 87 applicants have attempted to take the NCAC1 exam. Of the 90 applicants, 66 have passed and 24 have failed, which represents a 73.3% passing rate.

BOARD COUNSEL REPORT: No report. BOARD OF HEALTH PROFESSIONS REPORT:

No report.

REGULATORY COMMITTEE REPORT:

Dr. Gressard reported that the Regulatory meeting focused primarily on potential changes to the CSAC and CSAC-A Regulations Standards of Practice sections. The Committee recommendation to the Board is to develop context for the confidentiality of records to be added to all regulations. Dr. Doyle recommended that the Board consider an emergency regulatory change. Dr. Gressard moved that the Board publish a Notice of Intended Regulatory Action(“NOIRA”) notice to amend the Regulations Governing the Practice of Professional Counseling, Marriage and Family Therapists, Licensed Substance Abuse Treatment Practitioners and the Certification of Substance Abuse

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pg. 3

Counselors and Substance Abuse Counseling Assistants to add confidentiality of records to the Standards of Practice section. The motion was seconded by Dr. Brendel and passed unanimously. Additionally, the Committee discussed the American Association of State Counseling Boards (AASCB) Portability Plan and the Licensed Marriage and Family Therapist (LMFT) Regulations sections 18VAC115-50-40.B.2.b and 18VAC115-50-60.B.2; however at this time there are no recommendations to the Board. The next Regulatory Committee meeting is scheduled for May 18, 2017 at 1:00 p.m.

UNFINISHED BUSINESS: Bylaws Review – Staff suggested revisions to the Bylaws in order to reflect

the correct sections of the laws and regulations and to add new information relevant to the Department of Health Professions and the Board of Counseling. The proposed changes and recommendations were provided in the agenda package. Dr. Gressard moved to accept the recommended changes by staff to the Bylaws. The motion was seconded by Ms. Malawer and passed unanimously.

NEW BUSINESS: Regulatory/Legislative Report – Mrs. Yeatts provided a chart detailing the

below regulatory actions status of regulations for the Board as of January 12, 2017. She indicated staff and the Board Chair would schedule a meeting after the General Assembly Session to work out objections of the CACREP Action 4259.

• 18VAC 115-11 Public Participation Guidelines Conforming to APA (Action 4631) – fast-track register date of 11/28/2016 and effective as of 1/12/2017.

• 18VAC 115-20 Regulations Governing the Practice of Professional Counseling requirement for CACREP accreditation for educational programs (action 4259) -proposed At Governor's Office

• 18VAC 115-20 Regulations Governing the Practice of Professional Counseling CE for volunteer services (Action 4630) – fast-track register date 1/23/17 with effective date of 3/9/17

• 18VAC 115-20 Regulations Governing the Practice of Professional Counseling Fee increase (Action 4443) – final register date 1/9/2017 with effective date of 2/8/2017

• 18VAC 115-30 Regulations Governing the Certification of Substance Abuse Counselors updating and clarifying regulations (Action 4691) –the NOIRA register date 1/232017 and comment closes 2/22/2017

Mrs. Yeatts provided information on the following House Bills and Senate Bills that may impact the Board of Counseling:

• SB 848 (HB1449) Naloxone, dispensing for use in opioid overdose reversal etc. –this is a Governor’s bill. The bill allows a person by the approved by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for the

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use in opioid overdose reversal and who is acting on behalf of an organization that provides substance treatment services to individuals at risk of experiencing opioid overdose.

• SB 1020 (HB2095) Registration of peer recovery specialists and qualified mental health professionals –this is a Governor’s bill. The bill authorizes the registration of peer recovery specialists and qualified mental health professions by the Board of Counseling. The bill defines qualified mental health professional and registered peer recovery specialist and the type of services each can provide. The Board of Behavioral Health and Developmental Services and the Board of Counseling shall promulgate regulations to implement the provision of this act to be effective within 280 days of its enactment.

NEXT MEETING:

Scheduled for May 19, 2017 at 10:00 a.m.

CLOSED MEETING: Ms. Tracy moved that the Board of Counseling convene in closed session pursuant to §2.2-3711(A)(27) of the Code of Virginia in order to consider Recommended Decisions. She further moved that James Rutkowski, Jaime Hoyle, Jennifer Lang, Christy Evans, Charlotte Lenart, and Tracey Arrington-Edmonds attend the closed meeting because their presence in the meeting was deemed necessary and would aid the Board in its consideration of the matters. The motion was seconded and carried.

RECONVENE: Ms. Tracy moved that pursuant to §2.2-3712 of the Code of Virginia that the Board of Counseling heard, discussed or considered only those public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such public business matters as identified in the original motion. Scheduled for May 19, 2017 at 10:00 a.m. The motion was seconded and carried unanimously.

DECISIONS: Jose Hermida, LPC Applicant The Agency Subordinate concluded that Jose Hermida, LPC Applicant, failed to satisfy the requirements of 18VAC115-20-49 and 18VAC115-20-51(A) and recommended that his application for registration of supervision as a preliminary requirement for licensure by examination be denied.

Tary Hanna, LPC Applicant The Agency Subordinate concluded that Tary Hanna, LPC Applicant, failed to satisfy the requirements of 18VAC115-20-49, 18VAC115-20-51(A), and 18VAC115-20-52(B) and recommended that her application for licensure by examination be denied. Natkai Akbar, LPC Applicant The Agency Subordinate concluded that Natkai Akbar, LPC Applicant, failed to satisfy the requirements of 18VAC115-20-49 and 18VAC115-20-51(A) and recommended that her application for registration of supervision as a

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preliminary requirement for licensure by examination be denied. Kevin Pengelly, LPC Applicant The Agency Subordinate concluded that Kevin Pengelly, LPC Applicant, failed to satisfy the requirements of 18VAC115-20-49, 18VAC115-20-51(A), and 18VAC115-20-51(A)(13) and recommended that his application for registration of supervision as a preliminary requirement for licensure by examination be denied. Regina Foster, CSAC Reinstatement Applicant The Agency Subordinate concluded that Ms. Foster failed to provide evidence that she is able to return to safe and competent practice of substance abuse counseling, and recommended that her application for reinstatement be denied and the certificate be continued on indefinite suspension. Jessica Tappel, LPC Applicant The Agency Subordinate concluded that Tary Hanna, LPC Applicant, failed to satisfy the requirements of 18VAC115-20-49 and 18VAC115-20-51(A) and recommended that her application for registration of supervision as a preliminary requirement for licensure by examination be denied. Dr. Brendel moved to accept the recommendations as presented. The motion was seconded by Ms. Malawer and passed unanimously.

ADJOURN: The meeting adjourned at 12:04 p.m. _______________________________________ _______________________________________ Kevin Doyle, Ed.D., LPC, LSATP Jaime Hoyle, Esq. Chairperson Executive Director

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Virginia Department of Health ProfessionsCash Balance

As of March 31, 2017

109 Counseling

Board Cash Balance as of June 30, 2016 674,099$

YTD FY17 Revenue 197,760

Less: YTD FY17 Direct and In-Direct Expenditures 736,422

Board Cash Balance as March 31, 2017 135,437

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Virginia Department of Health Professions

Revenue and Expenditures Summary

Department 10900 - Counseling

For the Period Beginning July 1, 2016 and Ending March 31, 2017

Amount

Account Under/(Over)

Number Account Description Amount Budget Budget % of Budget

4002400 Fee Revenue

4002401 Application Fee 120,655.00 42,140.00 (78,515.00) 286.32%

4002406 License & Renewal Fee 45,725.00 661,645.00 615,920.00 6.91%

4002407 Dup. License Certificate Fee 635.00 450.00 (185.00) 141.11%

4002408 Board Endorsement - In 845.00 - (845.00) 0.00%

4002409 Board Endorsement - Out 2,860.00 1,450.00 (1,410.00) 197.24%

4002421 Monetary Penalty & Late Fees 7,630.00 3,410.00 (4,220.00) 223.75%

4002430 Board Changes Fee 19,085.00 - (19,085.00) 0.00%

4002432 Misc. Fee (Bad Check Fee) 35.00 140.00 105.00 25.00%

4002660 Administrative Fees 150.00 - (150.00) 0.00%

Total Fee Revenue 197,620.00 709,235.00 511,615.00 27.86%

4003000 Sales of Prop. & Commodities

4003020 Misc. Sales-Dishonored Payments 140.00 - (140.00) 0.00%

Total Sales of Prop. & Commodities 140.00 - (140.00) 0.00%

Total Revenue 197,760.00 709,235.00 511,475.00 27.88%

5011110 Employer Retirement Contrib. 13,022.44 11,264.00 (1,758.44) 115.61%

5011120 Fed Old-Age Ins- Sal St Emp 8,910.09 6,388.00 (2,522.09) 139.48%

5011140 Group Insurance 1,365.23 1,094.00 (271.23) 124.79%

5011150 Medical/Hospitalization Ins. 14,780.50 37,512.00 22,731.50 39.40%

5011160 Retiree Medical/Hospitalizatn 1,228.81 986.00 (242.81) 124.63%

5011170 Long term Disability Ins 690.40 552.00 (138.40) 125.07%

Total Employee Benefits 39,997.47 57,796.00 17,798.53 69.20%

5011200 Salaries

5011230 Salaries, Classified 106,169.43 83,494.00 (22,675.43) 127.16%

5011250 Salaries, Overtime 14,101.20 - (14,101.20) 0.00%

Total Salaries 120,270.63 83,494.00 (36,776.63) 144.05%

5011300 Special Payments

5011310 Bonuses and Incentives 1,000.00 - (1,000.00) 0.00%

5011380 Deferred Compnstn Match Pmts 215.00 960.00 745.00 22.40%

Total Special Payments 1,215.00 960.00 (255.00) 126.56%

5011600 Terminatn Personal Svce Costs

5011660 Defined Contribution Match - Hy 1,116.25 - (1,116.25) 0.00%

Total Terminatn Personal Svce Costs 1,116.25 - (1,116.25) 0.00%

5011930 Turnover/Vacancy Benefits - - 0.00%

Total Personal Services 162,599.35 142,250.00 (20,349.35) 114.31%

5012000 Contractual Svs

5012100 Communication Services

5012110 Express Services 31.68 295.00 263.32 10.74%

5012140 Postal Services 5,968.47 8,232.00 2,263.53 72.50%

5012150 Printing Services - 120.00 120.00 0.00%

5012160 Telecommunications Svcs (VITA) 615.28 900.00 284.72 68.36%

5012190 Inbound Freight Services 17.11 - (17.11) 0.00%

Total Communication Services 6,632.54 9,547.00 2,914.46 69.47%

5012200 Employee Development Services

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Amount



5012210 Organization Memberships - 500.00 500.00 0.00%

5012240 Employee Trainng/Workshop/Conf 1,265.00 - (1,265.00) 0.00%

Total Employee Development Services 1,265.00 500.00 (765.00) 253.00%

5012300 Health Services

5012360 X-ray and Laboratory Services - 140.00 140.00 0.00%

Total Health Services - 140.00 140.00 0.00%

5012400 Mgmnt and Informational Svcs -

5012420 Fiscal Services 12,082.51 9,280.00 (2,802.51) 130.20%

5012440 Management Services 90.35 134.00 43.65 67.43%

5012460 Public Infrmtnl & Relatn Svcs 514.00 5.00 (509.00) 10280.00%

5012470 Legal Services 350.00 475.00 125.00 73.68%

Total Mgmnt and Informational Svcs 13,036.86 9,894.00 (3,142.86) 131.77%

5012500 Repair and Maintenance Svcs

5012530 Equipment Repair & Maint Srvc 169.00 - (169.00) 0.00%

5012560 Mechanical Repair & Maint Srvc - 34.00 34.00 0.00%

Total Repair and Maintenance Svcs 169.00 34.00 (135.00) 497.06%

5012600 Support Services

5012630 Clerical Services 52,064.66 110,551.00 58,486.34 47.10%

5012640 Food & Dietary Services 2,553.17 1,075.00 (1,478.17) 237.50%

5012660 Manual Labor Services 1,219.53 1,170.00 (49.53) 104.23%

5012670 Production Services 5,387.16 5,380.00 (7.16) 100.13%

5012680 Skilled Services 12,244.08 16,764.00 4,519.92 73.04%

Total Support Services 73,468.60 134,940.00 61,471.40 54.45%

5012800 Transportation Services

5012820 Travel, Personal Vehicle 4,736.06 4,979.00 242.94 95.12%

5012830 Travel, Public Carriers 752.50 - (752.50) 0.00%

5012850 Travel, Subsistence & Lodging 2,510.00 1,950.00 (560.00) 128.72%

5012880 Trvl, Meal Reimb- Not Rprtble 1,230.25 988.00 (242.25) 124.52%

Total Transportation Services 9,228.81 7,917.00 (1,311.81) 116.57%

Total Contractual Svs 103,800.81 162,972.00 59,171.19 63.69%

5013000 Supplies And Materials

5013100 Administrative Supplies

5013120 Office Supplies 1,061.73 597.00 (464.73) 177.84%

5013130 Stationery and Forms 24.01 - (24.01) 0.00%

Total Administrative Supplies 1,085.74 597.00 (488.74) 181.87%

5013500 Repair and Maint. Supplies

5013520 Custodial Repair & Maint Matrl 3.37 - (3.37) 0.00%

Total Repair and Maint. Supplies 3.37 - (3.37) 0.00%

5013600 Residential Supplies

5013630 Food Service Supplies - 183.00 183.00 0.00%

Total Residential Supplies - 183.00 183.00 0.00%

Total Supplies And Materials 1,089.11 780.00 (309.11) 139.63%

5014000 Transfer Payments

5014100 Awards, Contrib., and Claims

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Amount



5014130 Premiums 325.00 - (325.00) 0.00%

Total Awards, Contrib., and Claims 325.00 - (325.00) 0.00%

Total Transfer Payments 325.00 - (325.00) 0.00%

5015000 Continuous Charges

5015100 Insurance-Fixed Assets

5015160 Property Insurance - 46.00 46.00 0.00%

Total Insurance-Fixed Assets - 46.00 46.00 0.00%

5015300 Operating Lease Payments

5015340 Equipment Rentals 402.35 540.00 137.65 74.51%

5015350 Building Rentals 46.17 - (46.17) 0.00%

5015360 Land Rentals - 60.00 60.00 0.00%

5015390 Building Rentals - Non State 8,612.96 11,046.00 2,433.04 77.97%

Total Operating Lease Payments 9,061.48 11,646.00 2,584.52 77.81%

5015500 Insurance-Operations

5015510 General Liability Insurance - 170.00 170.00 0.00%

5015540 Surety Bonds - 11.00 11.00 0.00%

Total Insurance-Operations - 181.00 181.00 0.00%

Total Continuous Charges 9,061.48 11,873.00 2,811.52 76.32%

5022000 Equipment

5022100 Computer Hrdware & Sftware

5022170 Other Computer Equipment 366.00 - (366.00) 0.00%

5022180 Computer Software Purchases 256.98 - (256.98) 0.00%

Total Computer Hrdware & Sftware 622.98 - (622.98) 0.00%

5022200 Educational & Cultural Equip

5022240 Reference Equipment - 77.00 77.00 0.00%

Total Educational & Cultural Equip - 77.00 77.00 0.00%

5022600 Office Equipment

5022610 Office Appurtenances - 42.00 42.00 0.00%

5022620 Office Furniture 52.59 - (52.59) 0.00%

Total Office Equipment 52.59 42.00 (10.59) 125.21%

Total Equipment 675.57 119.00 (556.57) 567.71%

Total Expenditures 277,551.32 317,994.00 40,442.68 87.28%

Allocated Expenditures

20100 Behavioral Science Exec 108,110.27 198,994.00 90,883.73 54.33%

30100 Data Center 107,410.03 172,208.82 64,798.80 62.37%

30200 Human Resources 13,545.12 30,041.86 16,496.74 45.09%

30300 Finance 48,261.78 53,220.18 4,958.40 90.68%

30400 Director's Office 26,336.13 31,302.39 4,966.26 84.13%

30500 Enforcement 101,803.81 141,845.22 40,041.41 71.77%

30600 Administrative Proceedings 24,006.51 34,288.08 10,281.57 70.01%

30700 Impaired Practitioners 199.11 266.04 66.93 74.84%

30800 Attorney General 2,196.22 2,890.15 693.93 75.99%

30900 Board of Health Professions 12,179.30 20,640.36 8,461.07 59.01%

31100 Maintenance and Repairs - 673.47 673.47 0.00%

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Amount



31300 Emp. Recognition Program 393.40 384.46 (8.94) 102.32%

31400 Conference Center 315.64 354.11 38.47 89.14%

31500 Pgm Devlpmnt & Implmentn 14,112.94 15,970.58 1,857.65 88.37%

Total Allocated Expenditures 458,870.24 703,079.73 244,209.49 65.27%

Net Revenue in Excess (Shortfall) of Expenditures (538,661.56)$ (311,838.73)$ 226,822.83$ 172.74%

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Virginia Department of Health ProfessionsRevenue and Expenditures SummaryDepartment 10900 - CounselingFor the Period Beginning July 1, 2016 and Ending March 31, 2017

AccountNumber Account Description July August September October November December January February March Total

4002400 Fee Revenue

4002401 Application Fee 12,100.00 13,820.00 14,835.00 11,965.00 11,145.00 11,115.00 10,815.00 17,475.00 17,385.00 120,655.00

4002406 License & Renewal Fee 20,830.00 3,850.00 1,335.00 1,390.00 895.00 4,745.00 10,460.00 1,035.00 1,185.00 45,725.00

4002407 Dup. License Certificate Fee 40.00 125.00 105.00 30.00 58.00 37.00 75.00 90.00 75.00 635.00

4002408 Board Endorsement - In 795.00 - - 50.00 - - - - - 845.00

4002409 Board Endorsement - Out 100.00 350.00 400.00 175.00 300.00 175.00 450.00 310.00 600.00 2,860.00

4002421 Monetary Penalty & Late Fees 4,395.00 1,265.00 355.00 315.00 270.00 150.00 270.00 250.00 360.00 7,630.00

4002430 Board Changes Fee 2,125.00 2,175.00 1,750.00 1,925.00 2,025.00 1,825.00 2,500.00 2,235.00 2,525.00 19,085.00

4002432 Misc. Fee (Bad Check Fee) - - 35.00 - - - - - - 35.00

4002660 Administrative Fees 150.00 - - - - - - - - 150.00

Total Fee Revenue 40,535.00 21,585.00 18,815.00 15,850.00 14,693.00 18,047.00 24,570.00 21,395.00 22,130.00 197,620.00

4003000 Sales of Prop. & Commodities

4003020 Misc. Sales-Dishonored Payments - - 140.00 - - - - - - 140.00

Total Sales of Prop. & Commodities - - 140.00 - - - - - - 140.00

Total Revenue 40,535.00 21,585.00 18,955.00 15,850.00 14,693.00 18,047.00 24,570.00 21,395.00 22,130.00 197,760.00

5011000 Personal Services

5011100 Employee Benefits

5011110 Employer Retirement Contrib. 1,615.36 1,057.26 1,555.20 1,555.20 1,555.20 1,555.20 1,376.34 1,376.34 1,376.34 13,022.44

5011120 Fed Old-Age Ins- Sal St Emp 939.04 852.67 953.23 1,076.95 1,008.07 1,046.25 932.68 1,102.81 998.39 8,910.09

5011140 Group Insurance 153.77 105.74 157.96 157.96 157.96 157.96 157.96 157.96 157.96 1,365.23

5011150 Medical/Hospitalization Ins. 2,276.50 1,563.00 1,563.00 1,563.00 1,563.00 1,563.00 1,563.00 1,563.00 1,563.00 14,780.50

5011160 Retiree Medical/Hospitalizatn 137.61 95.24 142.28 142.28 142.28 142.28 142.28 142.28 142.28 1,228.81

5011170 Long term Disability Ins 79.92 53.28 79.60 79.60 79.60 79.60 79.60 79.60 79.60 690.40

Total Employee Benefits 5,202.20 3,727.19 4,451.27 4,574.99 4,506.11 4,544.29 4,251.86 4,421.99 4,317.57 39,997.47

5011200 Salaries

5011230 Salaries, Classified 12,108.12 10,065.41 11,643.46 12,058.74 12,058.74 12,058.74 12,058.74 12,058.74 12,058.74 106,169.43

5011250 Salaries, Overtime 861.36 593.72 1,329.95 2,532.19 1,631.79 2,130.74 646.21 2,870.07 1,505.17 14,101.20

Total Salaries 12,969.48 10,659.13 12,973.41 14,590.93 13,690.53 14,189.48 12,704.95 14,928.81 13,563.91 120,270.63

5011310 Bonuses and Incentives - 1,000.00 - - - - - - - 1,000.00

5011380 Deferred Compnstn Match Pmts 15.00 10.00 10.00 10.00 10.00 10.00 50.00 50.00 50.00 215.00

Total Special Payments 15.00 1,010.00 10.00 10.00 10.00 10.00 50.00 50.00 50.00 1,215.00

5011600 Terminatn Personal Svce Costs

5011660 Defined Contribution Match - Hy 47.49 31.66 71.52 71.52 71.52 71.52 250.34 250.34 250.34 1,116.25

Total Terminatn Personal Svce Costs 47.49 31.66 71.52 71.52 71.52 71.52 250.34 250.34 250.34 1,116.25

Total Personal Services 18,234.17 15,427.98 17,506.20 19,247.44 18,278.16 18,815.29 17,257.15 19,651.14 18,181.82 162,599.35

5012000 Contractual Svs -

5012100 Communication Services -

5012110 Express Services - - - - - 31.68 - - - 31.68

5012140 Postal Services 1,621.14 1,683.00 572.36 684.34 72.71 267.63 204.66 369.66 492.97 5,968.47

5012160 Telecommunications Svcs (VITA) 55.20 74.07 56.35 - 78.29 71.25 141.37 78.37 60.38 615.28

5012190 Inbound Freight Services - - - - - 16.67 - 0.44 - 17.11

Total Communication Services 1,676.34 1,757.07 628.71 684.34 151.00 387.23 346.03 448.47 553.35 6,632.54

5012200 Employee Development Services

5012240 Employee Trainng/Workshop/Conf - - - - - 365.00 - 900.00 - 1,265.00

Total Employee Development Services - - - - - 365.00 - 900.00 - 1,265.00

5012400 Mgmnt and Informational Svcs

5012420 Fiscal Services 4,155.41 6,799.51 532.59 87.05 22.36 197.38 93.53 - 194.68 12,082.51

5012440 Management Services - 48.16 - 27.23 - 9.44 - 5.52 - 90.35

5012460 Public Infrmtnl & Relatn Svcs 195.00 99.00 108.00 - - 66.00 - 34.00 12.00 514.00

5012470 Legal Services - 175.00 - - - - - - 175.00 350.00

Total Mgmnt and Informational Svcs 4,350.41 7,121.67 640.59 114.28 22.36 272.82 93.53 39.52 381.68 13,036.86

5012500 Repair and Maintenance Svcs

5012530 Equipment Repair & Maint Srvc - 169.00 - - - - - - - 169.00

Total Repair and Maintenance Svcs - 169.00 - - - - - - - 169.00

5012600 Support Services

5012630 Clerical Services 4,282.98 5,769.93 7,069.79 - - 8,471.52 - 19,654.30 6,816.14 52,064.66

5012640 Food & Dietary Services 265.78 63.33 45.75 - - 1,418.86 - 367.65 391.80 2,553.17

5012660 Manual Labor Services 6.84 19.17 3.81 672.44 32.27 62.23 - 422.77 - 1,219.53

5012670 Production Services 60.20 90.22 23.75 4,489.88 160.16 305.67 - 232.48 24.80 5,387.16

5012680 Skilled Services 1,204.08 1,099.91 1,643.66 845.84 1,503.98 1,773.22 1,155.37 1,453.54 1,564.48 12,244.08 of 60

Virginia Department of Health ProfessionsRevenue and Expenditures SummaryDepartment 10900 - CounselingFor the Period Beginning July 1, 2016 and Ending March 31, 2017

AccountNumber Account Description July August September October November December January February March Total

Total Support Services 5,819.88 7,042.56 8,786.76 6,008.16 1,696.41 12,031.50 1,155.37 22,130.74 8,797.22 73,468.60

5012800 Transportation Services

5012820 Travel, Personal Vehicle 69.12 362.88 1,121.44 393.12 1,443.96 - - 1,073.22 272.32 4,736.06

5012830 Travel, Public Carriers - - - - - 504.20 - 44.00 204.30 752.50

5012850 Travel, Subsistence & Lodging - - 349.77 201.68 513.24 - - 805.80 639.51 2,510.00

5012880 Trvl, Meal Reimb- Not Rprtble - - 239.50 87.25 274.00 - - 379.50 250.00 1,230.25

Total Transportation Services 69.12 362.88 1,710.71 682.05 2,231.20 504.20 - 2,302.52 1,366.13 9,228.81

Total Contractual Svs 11,915.75 16,453.18 11,766.77 7,488.83 4,100.97 13,560.75 1,594.93 25,821.25 11,098.38 103,800.81

5013000 Supplies And Materials

5013100 Administrative Supplies -

5013120 Office Supplies 28.20 36.61 186.07 - - 424.64 - 371.42 14.79 1,061.73

5013130 Stationery and Forms - - - - - 24.01 - - - 24.01

Total Administrative Supplies 28.20 36.61 186.07 - - 448.65 - 371.42 14.79 1,085.74

5013500 Repair and Maint. Supplies

5013520 Custodial Repair & Maint Matrl - - - - - - - - 3.37 3.37

Total Repair and Maint. Supplies - - - - - - - - 3.37 3.37

Total Supplies And Materials 28.20 36.61 186.07 - - 448.65 - 371.42 18.16 1,089.11

5014000 Transfer Payments

5014100 Awards, Contrib., and Claims

5014130 Premiums - - 260.00 - - 65.00 - - - 325.00

Total Awards, Contrib., and Claims - - 260.00 - - 65.00 - - - 325.00

Total Transfer Payments - - 260.00 - - 65.00 - - - 325.00

5015000 Continuous Charges

5015300 Operating Lease Payments

5015340 Equipment Rentals 46.00 44.08 44.08 - - 90.01 - 134.10 44.08 402.35

5015350 Building Rentals - 15.39 - - 15.39 - - 15.39 - 46.17

5015390 Building Rentals - Non State 914.20 1,054.53 914.20 914.20 1,037.39 916.14 914.20 1,033.90 914.20 8,612.96

Total Operating Lease Payments 960.20 1,114.00 958.28 914.20 1,052.78 1,006.15 914.20 1,183.39 958.28 9,061.48

Total Continuous Charges 960.20 1,114.00 958.28 914.20 1,052.78 1,006.15 914.20 1,183.39 958.28 9,061.48

5022000 Equipment

5022170 Other Computer Equipment - - - - - 199.00 - 167.00 - 366.00

5022180 Computer Software Purchases - - - - - 256.98 - - - 256.98

Total Computer Hrdware & Sftware - - - - - 455.98 - 167.00 - 622.98

5022620 Office Furniture - - - - - 52.59 - - - 52.59

Total Office Equipment - - - - - 52.59 - - - 52.59

Total Equipment - - - - - 508.57 - 167.00 - 675.57

Total Expenditures 31,138.32 33,031.77 30,677.32 27,650.47 23,431.91 34,404.41 19,766.28 47,194.20 30,256.64 277,551.32

Allocated Expenditures

20100 Behavioral Science Exec 17,164.25 11,325.03 10,989.27 10,594.40 10,975.25 11,752.78 10,613.89 11,689.99 13,005.43 108,110.27

30100 Data Center 11,236.76 16,936.25 6,745.47 16,060.35 4,784.69 12,713.06 16,490.12 12,486.63 9,956.69 107,410.03

30200 Human Resources 70.91 1,401.20 92.93 93.96 95.02 11,469.52 82.44 148.02 91.14 13,545.12

30300 Finance 9,598.81 6,026.91 3,793.22 10,631.21 10,827.31 (837.72) 8,753.24 (5,028.95) 4,497.75 48,261.78

30400 Director's Office 3,425.77 2,556.14 2,737.00 2,725.97 3,033.20 2,821.18 2,751.94 3,310.75 2,974.18 26,336.13

30500 Enforcement 15,332.56 9,226.20 8,605.67 9,620.41 10,161.29 13,249.24 12,964.61 13,346.29 9,297.53 101,803.81

30600 Administrative Proceedings 302.79 2,533.86 2,792.46 4,251.61 2,327.76 1,888.38 5,864.08 962.76 3,082.82 24,006.51

30700 Impaired Practitioners 41.69 19.58 19.24 19.23 19.34 20.50 19.00 20.94 19.58 199.11

30800 Attorney General - - 732.07 732.07 - - 732.07 - - 2,196.22

30900 Board of Health Professions 1,463.13 1,272.98 1,163.24 1,161.62 1,478.45 1,581.03 1,108.57 1,376.13 1,574.16 12,179.30

31300 Emp. Recognition Program 66.29 251.30 - - - 50.82 - 16.69 8.30 393.40

31400 Conference Center 29.09 26.95 158.72 (16.60) 12.43 25.67 12.33 47.87 19.17 315.64

31500 Pgm Devlpmnt & Implmentn 1,682.78 1,206.45 1,344.95 1,262.70 1,234.37 2,377.64 1,405.68 2,155.06 1,443.29 14,112.94

Total Allocated Expenditures 60,414.82 52,782.84 39,174.23 57,136.93 44,949.11 57,112.10 60,797.99 40,532.20 45,970.03 458,870.24

Net Revenue in Excess (Shortfall) of Expenditures (51,018.14)$ (64,229.61)$ (50,896.55)$ (68,937.40)$ (53,688.02)$ (73,469.51)$ (55,994.27)$ (66,331.40)$ (54,096.67)$ (538,661.56)$

of 60

Discipline Reports Q1 FY17

CASES RECEIVED, OPEN, & CLOSED REPORT SUMMARY BY BOARD

FISCAL YEAR 2017, QUARTER ENDING 03/31/2017

Quarter Breakdown Quarter 1 July 1st – September 30th Quarter 2 October 1st – December 31st Quarter 3 January 1st – March 31st Quarter 4 April 1st – June 30th

The “Received, Open, Closed” table below shows the number of received and closed cases during the quarters specified and a “snapshot” of the cases still open at the end of the quarter.

COUNSELING Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017

Number of Cases Received 32 29 20 19 23 24 21 32 26 27 17 40 Number of Cases Open 59 73 80 87 94 91 108 117 116 98 69 58 Number of Cases Closed 31 15 14 12 21 31 11 25 27 44 43 60

PSYCHOLOGY Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017


SOCIAL WORK Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017


of 60


AVERAGE TIME TO CLOSE A CASE (IN DAYS) PER QUARTER



*The average age of cases closed is a measurement of how long it takes, on average, for a case to be processed from entry to closure. These

calculations include only cases closed within the quarter specified.

BOARD Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017

Counseling 170.4 204.6 238.2 315.6 252.2 284.1 193.5 415.6 323.7 375.5 292.8 247.9 Psychology 176.5 210.0 129.0 171.1 181.1 216.0 287.0 437.0 287.3 380.0 291.7 357.7 Social Work 171.2 183.9 314.4 198.9 202.9 199.4 132.5 342.0 226.0 469.7 407.6 366.2 Agency Totals 170.1 178.3 187.6 207.2 186.7 200.1 190.8 201.6 188.5 202.7 207.7 222.8

of 60


PERCENTAGE OF CASES OF ALL TYPES CLOSED WITHIN 365 CALENDAR DAYS*



*The percent of cases closed in fewer than 365 days shows, from the total of all cases closed during the specified period, the percent of cases that were

closed in less than one year.

BOARD Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017

Counseling 96.8% 86.7% 78.6% 75.0% 76.2% 64.3% 72.7% 36.0% 55.6% 45.5% 78.6% 84.7% Psychology 100.0% 93.3% 100.0% 87.5% 100.0% 75.0% 50.0% 37.5% 50.0% 44.4% 50.0% 44.2% Social Work 91.7% 95.7% 72.2% 92.3% 77.8% 65.5% 87.5% 46.2% 75.0% 30.7% 62.5% 41.3% Agency Totals 97.4% 90.9% 88.6% 87.9% 883.3% 84.4% 85.8% 84.8% 85.6% 82.0% 85.1% 81.7%

of 60

CURRENT

Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017

Audiology/Speech Pathology� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Counseling� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Dentistry� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Funeral Directing � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Long Term Care � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Medicine� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Nurse Aide� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Nursing� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Optometry� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Pharmacy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Physical Therapy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Psychology� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Social Work� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

Veterinary Medicine� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �

AGENCY TOTAL 367,251 374,927 377,140 371,343 376,988 381,960 383,781 381,696 385,882 397,455 397,810 396,523

COUNT OF CURRENT LICENSES*

BOARD SUMMARY� � � � � � � � � � � ! " # $ % � � & � � � ' ( � ' ) * � � � + , ! - . # � ! "/ � % � � � ' & � � � � ' � � � 0 � 0 1 � � ( � ' ( 1 � � % 2 � & � 1 ' � � 1 � & + � � � � & ( � � 1 � & + � $ % � � & � �

3 4 5 5 6 7 8 9 : ; 6 7 < 4 5 6 3 = 4 7 8 > ? @ ? = A 5 B C 4 A 5 8 6 5 D 7 B : 7 E F A 5 ; G H I < 8 J K L I M N A E 6 I = O I H of 60

CURRENT

Occupation Q4 2014 Q1 2015 Q2 2015 Q3 2015 Q4 2015 Q1 2016 Q2 2016 Q3 2016 Q4 2016 Q1 2017 Q2 2017 Q3 2017P Q R S T U T V S W X Y Z [ \ ] [ \ ^ _ Y ` ^ \ ] ^ \ ^ a \ ^ ` Y ` a \ ] a \ ^ a \ b _ c d ce T f X S f Q S f V g R Q h i X S T f j k T l S R m k ^ b ] ^ b ^ _ ^ Y ^ Y ^ Y ^ Y ^ \ ^ \ ^ \ n op h q T T U p r m m h q j i X q T U T V S W X ^ _ ] b b ^ _ _ Y Y _ ^ Y a \ \ ] [ \ ^ _ Y a \ Y Z Y \ ] a \ ^ Y c s op r m m h q j i X q T U T V S W X _ t Y a [ _ t [ ` ^ _ t Z ^ \ _ t a ^ Z _ t Z \ ] _ t ` ] a _ t ` Y [ _ t a _ Y _ t a ` [ _ t ` ^ b Y t ] ] Y u v w s nTotal 4,104 4,418 4,674 4,653 4,840 4,944 4,992 4,720 4,802 4,951 5,056 4,855e m k X S x S m R p Q y W X i f h m P y Q W m e T Q f W m U T k ^ t Y a _ ^ t [ ^ a ^ t [ [ ` ^ t [ a ` ^ t \ \ Z ^ t [ ^ a ^ t [ a ` ^ t [ ` ^ ^ t a _ Y ^ t [ [ b ^ t a ^ b z { | } ~� S h m f W m R � i k k S i V m i f R � i � S U � � q m k i r S W X a a \ Z ^ a Z b Z Z _ b Z ] Z Z b \ Z Y \ Z \ [ Z a ] Z _ [ Z \ [ � | �� S h m f W m R j k T x m W W S T f i U e T Q f W m U T k _ t a ] ] _ t ` \ ] Y t ] _ [ Y t ^ b _ Y t ] a b Y t ^ Z Z Y t _ _ _ Y t Y _ \ Y t \ [ a Y t \ ^ b Y t [ \ _ } { � � �� i k k S i V m � � i � S U � � q m k i r S W X � m W S R m f X � � � � � � � � � ^ _ ^ ^ _ ^ z } �� m V S W X k i X S T f T x p Q r m k l S W S T f � � � � � � � � _ a t ^ b \ \ t Y ` ^ \ t [ _ b ~ { | } |� m q i y S U S X i X S T f j k T l S R m k _ ^ ^ _ ^ b _ ^ _ b Z ] b Z \ b Z [ b Z Z b \ ` b [ [ b a ] b a _ � ~ �p Q y W X i f h m P y Q W m e T Q f W m U S f V P W W S W X i f X ^ ^ a ^ \ ^ ^ \ a ^ [ b ^ \ b ^ [ _ ^ [ ` ^ a ` ^ ` b ^ [ Y ^ a Y z � �p Q y W X i f h m P y Q W m � k m i X � m f X j k i h X S X S T f m k ^ [ ` ^ a ` ^ Z ] ^ Z ] ^ [ a ^ a ] ^ a [ ^ a a ^ a ` ^ a ] ^ a ^ z | �p Q y W X i f h m P y Q W m � k m i X � m f X � m W S R m f X W � � � � � � � � � ^ ^ zTotal 6,545 7,026 7,183 7,256 7,042 7,249 7,490 7,597 7,808 13,237 13,603 13,922e T f W h S T Q W � � T R m k i X m p m R i X S T f ^ Z b ^ ` _ ^ ` ` ^ a Z ^ Z ` ^ ` Z b ] [ b ^ ] b ^ b b b ^ b b a � � �e T W � m X S h j k T h m R Q k m e m k X S x S h i X S T f _ ] _ ] _ b _ ^ _ b _ _ _ Y _ b _ [ _ a _ ` � �� m m r p m R i X S T f � � m f m k i U P f m W X q m W S i Y ^ Y Z \ ] Y Y \ ^ \ [ \ ` [ _ \ ^ \ Y \ Z � z� m f X i U P W W S W X i f X � � _ _ Y [ ^ ] ^ ] ^ ] ^ b ^ ^ ^ ^ ^ ^ z ~� m f X i U � Q U U � S � m � i h Q U X � ` ` ^ ] ^ ^ ^ b ^ Y ^ Y ^ \ ^ [ ^ b ^ b z �� m f X i U � � V S m f S W X \ t Y [ \ \ t \ \ Z \ t \ ` [ \ t b ` _ \ t \ a \ \ t [ Y _ \ t [ Z a \ t a b b \ t a ^ ` \ t Z ^ \ \ t Z [ ] ~ { � � �� m f X i U � � V S m f S W X � i h Q U X � ] ^ ] ] ] ^ ^ ^ ^ ^ ^ z� m f X i U � � V S m f S W X � m W X k S h X m R � T U Q f X m m k ^ ] ^ ^ ^ ^ ^ ^ ^ ^ [ ] �� m f X i U � � V S m f S W X � m � r T k i k � j m k � S X ] ] ] ] ] ] ] ] ] ] ] �� m f X i U � � V S m f S W X � T U Q f X m m k � m V S W X k i X S T f � � � ^ ] ^ ] ] ^ ] ] �� m f X i U � m W X k S h X m R � T U Q f X m m k ^ _ ^ [ ^ Y ^ Y ^ _ ^ Y ^ Y ^ [ b ] ] ^ a z |� m f X i U � m i h q m k ] ] ] ] ] ] ] ] ] ] ] �� m f X i U � m � r T k i k � j m k � S X ] ] ] ] ] ] ] ] ] ] ] �� m f X S W X [ t ` ^ ^ a t ] b b a t ] ` a [ t a ^ _ a t ] \ b a t ^ \ b a t b ^ b a t b ` b a t ^ Y a a t b Y ` a t _ b ^ | { } � }� m f X S W X � � T U Q f X m m k � m V S W X k i X S T f b ^ ^ ] a [ ` _ ` a \ ] �g f X m k i U e T f W h S T Q W � � T R m k i X m p m R i X S T f ^ \ a ^ [ _ ^ [ Y ^ \ ] ^ \ b ^ [ _ ^ a \ ^ Z ] ^ [ [ ^ a Y ^ a [ z | �

� � � � � � � � � � � � � � � � � � ¡ ¢ � £ ¢ � £ ¡ � � � ¤ ¢ � � ¡ � ¢ � ¡ ¥ � ¦ � � ¢ � � £ ¢ ¡ ¥ � ¦ � § � ¢ � � � �� ¨ ¡ � � � ¤ ¢ � � ¡ �¥ � � � ¢ � � ¢ � © ª « ¬ § � ¢ � � � � � � £ � � ® ¯ ¢ � � ¦ ° « ± ² © ª « ¬COUNT OF CURRENT LICENSES *

Dentistry

Counseling

Board

Audiology/Speech

Pathology

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Board Occupation FY12

Change

Between

FY13 &

FY12

FY13

Change

Between

FY14 &

FY13

FY14

Change

Between

FY15 &

FY14

FY15

Change

Between

FY16 &

FY15

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Audiology/Speech

Pathology

Counseling

COUNT OF CURRENT LICENSES *F G H I J K L M J N O P Q R S T U J N V M N M W X G W Y Z J N I [ \ Q ] ^ S O P Q R_ I U N N M W V K G I M W H M H ` L ` a J N X J W X a I I U b J V G a W J H a F V [ M K J H V X J L a F V [ M T U J N V M NTotal

Total

Dentistry

c d e e f g h i j k f g l d e f c m d g h n o k k d p q h j m g r s t j l k q u v f q e w d q eh f e x g y j g z { q e k | } ~ l h � � � ~ � � q z f � m � ~ } of 60

Draft Regulations Governing the Registration of Peer Recovery Specialists and Qualified Mental Health Professionals.

Part I. General Provisions

Definitions.

“Applicant” means a person applying for registration as a qualified mental health professional.

"Board" shall mean the Virginia Board of Counseling.

“Certifying body” means an organization approved by the Board that has as one of its purposes the certification of peer recovery specialists.

“DBHDS” means the Virginia Department of Behavioral Health and Developmental Services.

“DBHDS Peer Recovery Specialist Training” means the curriculum developed and approved by the DBHDS for the training of persons seeking registration as peer recovery specialists.

“Mental health professional” means a person who by education and experience is professionally qualified and licensed in Virginia to provide counseling interventions designed to facilitate an individual’s achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses which interfere with mental health and development.

“Peer recovery specialist” means a person who by education and experience is professionally qualified to provide collaborative services to assist individuals in achieving sustained recovery from the effects of mental illness, addiction, or both.

“Qualified mental health professional or QMHP” means a person who by education and experience is professionally qualified and registered by the Board to provide collaborative mental health services for adults or children.

“Qualified Mental Health Professional-Adult or QMHP-Adult” means a person in the human services field who is trained and experienced in providing psychiatric or mental health services to individuals who have a mental illness.

“Qualified Mental Health Professional-Child or QMHP-Child” means a person in the human services field who is trained and experienced in providing psychiatric or mental health services to children who have a mental illness.

“Registrant” means a peer recovery specialist or a QMHP registered with the Board.

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Fees required by the board.

A. The board has established the following fees applicable to the registration of peerrecovery specialists and qualified mental health professionals:

Registration $25

Renewal of registration $25

Late renewal $10

Reinstatement of a lapsed registration $50

Duplicate Registration $10

Returned Check $35

Reinstatement following revocation or suspension $50

B. Unless otherwise provided, fees established by the board shall not be refundable.

Current name and address.

Each registrant shall furnish the board his current name and address of record. Any change of name or address of record or public address, if different from the address of record, shall be furnished to the board within 30 days of such change. It shall be the duty and responsibility of each peer recovery specialist to inform the board of his current address. Properly updating address of record directly through the board's web-based application or other approved means shall constitute lawful notification. All notices required by law or by these rules and regulations are deemed to be legally given when mailed to the address of record and shall not relieve the registrant of the obligation to comply.

Part II. Requirements for Registration

Requirements for registration as a peer recovery specialist.

A. An applicant for registration shall submit a completed application and a fee as prescribedin XXXXX on forms provided by the board.

B. An applicant for registration as a peer recovery specialist shall: Have a high schooldiploma or equivalent.

a. Sign and abide by the DBHDS Peer Recovery Specialist Code of Ethics.b. Successfully complete the DBHDS Peer Recovery Specialist Training

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c. Hold a current credential as a peer recovery specialist issued by the U.S.Department of Veteran’s Affairs or one of the following certifying bodies:

i. National Association for Alcoholism and Drug Abuse Counselors(“NAADAC”);

ii. A member board of the International Certification and ReciprocityConsortium (“IC&RC”); or

iii. Any other certifying body approved by the Board.

Requirements for registration as a Qualified Mental Health Professional - Adult.


B. An applicant for registration as a qualified mental health professional - Adult shallprovide evidence of either:

a. A Virginia license as a doctor of medicine or osteopathy;b. A Virginia license as a doctor of medicine or osteopathy, specializing in

psychiatry.c. A Master’s degree in psychology from an accredited college or university with at

least one year of clinical experience;d. A bachelor’s degree in human services or related field (social work, psychology,

psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, humanservices counseling or other degree deemed by the Board to be equivalent) froman accredited college and with at least one year of clinical experience providingdirect services to individuals with a diagnosis of mental illness;

e. A bachelor’s degree from an accredited college in an unrelated field that includesat least 15 semester credits (or equivalent) in a human services field and who hasat least three years of clinical experience;

f. A Certified Psychiatric Rehabilitation Provider (CPRP) registered with the UnitedStates Psychiatric Rehabilitation Association (USPRA)

g. A registered nurse licensed in Virginia with at least one year of clinicalexperience; or,

h. Licensure as any other mental health professional.

Requirements for registration as a Qualified Mental Health Professional - Child.


B. An applicant for registration as a qualified mental health professional -Child shall provideevidence of either:

a. A Virginia license as a doctor of medicine or osteopathy;

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b. A Master’s degree in psychology from an accredited college or university with atleast one year of clinical experience with children and adolescents;

c. A social work bachelor’s degree or master’s degree from an accredited college oruniversity with at least one year of clinical experience with children oradolescents;

d. A registered nurse licensed in Virginia with at least one year of clinicalexperience with children and adolescents;

e. A bachelor’s degree in a human services field or in special education from anaccredited college with at least one year of clinical experience with children andadolescents; or,

f. A license as a mental health professional.

Part III. Renewal and Reinstatement

Annual renewal of registration

A. All registrants shall renew their registration on or before June 30 of each year.B. Alone with the renewal form, the registrant shall submit the renewal fee as prescribed in

XXXX.C. Registrants shall notify the board of a change of address within 30 days. Failure to

receive a renewal notice and application forms shall not excuse the registrant from therenewal requirement.

Continued competency requirements for renewal of peer recovery specialist registration.

A. Peer recovery specialists shall be required to have completed a minimum of 20 hours ofcontinuing competency by June 30 of each even year renewal. These hours shall be fromproviders approved by DBHDS and in courses that cover the following topics:

a. The current body of mental health and substance abuse knowledge;b. The recovery process;c. Promoting services, supports, and strategies for recovery;d. Peer to peer services;e. Crisis intervention;f. The value of the role of a peer recovery specialist;g. Basic principles related to health and wellness;h. Recovery, resiliency, and wellness plans;i. Stage-appropriate pathways in recovery support;j. Ethics and ethical boundaries;k. Cultural sensitivity and practice;l. Trauma and its impact on recovery;m. Community resources; and,n. Delivering peer services within agencies and organizations.

Reinstatement of registration

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A. A person whose registration has expired may renew it within one year after its expirationdate by paying the reinstatement fee prescribed in XXXX.

B. A person who fails to renew a registration after one year or more shall apply forreinstatement, pay the reinstatement fee and submit evidence of evidence of acompetency. For a peer recovery specialist, competency may be demonstrated byproviding evidence of a current credential from a certifying body approved by DBHDS.

Part IV. Standards of Practice; Disciplinary Action; Reinstatement

Standards of practice.

A. The protection of the public health, safety, and, welfare and the best interest of the publicshall be the primary guide in determining the appropriate professional conduct of allpersons whose activities are regulated by the board.

B. A registered peer recovery specialist shall provide such services as an employee orindependent contractor of DBHDS, a provider licensed by the DBHDS, a practitionerlicensed by or holding a permit issued from the Department of Health Professions, or afacility licensed by the Department of Health.

C. A qualified mental health professional shall provide such services as an employee orindependent contractor of the DBHDS or a provider licensed by the DBHDS.

D. A QMHP-Adult shall provide such services as an employee or independent contractor ofthe DBHDS or a provider licensed by the DBHDS.

E. A QMHP-Child shall provide such services as an employee or independent contractor ofthe DBHDS or a provider licensed by the DBHDS.

F. Persons register by the board shall:a. Practice in a manner that is in the best interest of the public and does not endanger

the public health, safety, or welfare.b. Practice only within the competency area for which they are qualified by training

and experience.c. Not engage in dual relationships with clients or former clients that are harmful to

the client’s well-being, or which would impair the registrant’s objectivity andprofessional judgment, or increase the risk of client exploitation.

Grounds for Revocation, suspension, restriction or denial of a registration, or imposition of a monetary penalty.

In accordance with 54.1-2400(7) of the Code of Virginia, the board may revoke, suspend, restrict or decline to issue or renew a registration based upon the following conduct:

1. Conviction of a felony or of a misdemeanor involving moral turpitude;2. Procuring a registration by fraud or misrepresentation;3. Conducting one’s practice in such a manner so as to make it a danger to the health and

welfare of one’s clients or to the public; or if one is unable to practice with reasonable

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skill and safety to clients by reason of illness, abusive use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition;

4. Negligence in professional conduct or nonconformance with the standards of practiceoutlined in XXXX; or,

5. Performance of functions outside the board-certified area of competency.

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VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION

CHAPTER 418

An Act to amend and reenact §§ 37.2-203, 37.2-304, 54.1-2400.1, 54.1-2400.6, 54.1-3500, 54.1-3505,and 54.1-3506.1 of the Code of Virginia, relating to registration of peer recovery specialists andqualified mental health professionals.

[H 2095]Approved March 13, 2017

Be it enacted by the General Assembly of Virginia:1. That §§ 37.2-203, 37.2-304, 54.1-2400.1, 54.1-2400.6, 54.1-3500, 54.1-3505, and 54.1-3506.1 of theCode of Virginia are amended and reenacted as follows:

§ 37.2-203. Powers and duties of Board.The Board shall have the following powers and duties:1. To develop and establish programmatic and fiscal policies governing the operation of state

hospitals, training centers, community services boards, and behavioral health authorities;2. To ensure the development of long-range programs and plans for mental health, developmental,

and substance abuse services provided by the Department, community services boards, and behavioralhealth authorities;

3. To review and comment on all budgets and requests for appropriations for the Department prior totheir submission to the Governor and on all applications for federal funds;

4. To monitor the activities of the Department and its effectiveness in implementing the policies ofthe Board;

5. To advise the Governor, Commissioner, and General Assembly on matters relating to mentalhealth, developmental, and substance abuse services;

6. To adopt regulations that may be necessary to carry out the provisions of this title and other lawsof the Commonwealth administered by the Commissioner or the Department;

7. To ensure the development of programs to educate citizens about and elicit public support for theactivities of the Department, community services boards, and behavioral health authorities;

8. To ensure that the Department assumes the responsibility for providing for education and trainingof school-age individuals receiving services in state facilities, pursuant to § 37.2-312; and

9. To change the names of state facilities; and10. To adopt regulations that establish the qualifications, education, and experience for registration

of peer recovery specialists by the Board of Counseling.Prior to the adoption, amendment, or repeal of any regulation regarding substance abuse services, the

Board shall, in addition to the procedures set forth in the Administrative Process Act (§ 2.2-4000 etseq.), present the proposed regulation to the Substance Abuse Services Council, established pursuant to§ 2.2-2696, at least 30 days prior to the Board's action for the Council's review and comment.

§ 37.2-304. Duties of Commissioner.The Commissioner shall be the chief executive officer of the Department and shall have the

following duties and powers:1. To supervise and manage the Department and its state facilities.2. To employ the personnel required to carry out the purposes of this title.3. To make and enter into all contracts and agreements necessary or incidental to the performance of

the Department's duties and the execution of its powers under this title, including contracts with theUnited States, other states, and agencies and governmental subdivisions of the Commonwealth,consistent with policies and regulations of the Board and applicable federal and state statutes andregulations.

4. To accept, hold, and enjoy gifts, donations, and bequests on behalf of the Department from theUnited States government, agencies and instrumentalities thereof, and any other source, subject to theapproval of the Governor. To these ends, the Commissioner shall have the power to comply withconditions and execute agreements that may be necessary, convenient, or desirable, consistent withpolicies and regulations of the Board.

5. To accept, execute, and administer any trust in which the Department may have an interest, underthe terms of the instruments creating the trust, subject to the approval of the Governor.

6. To transfer between state hospitals and training centers school-age individuals who have beenidentified as appropriate to be placed in public school programs and to negotiate with other schooldivisions for placements in order to ameliorate the impact on those school divisions located in ajurisdiction in which a state hospital or training center is located.

7. To provide to the Director of the Commonwealth's designated protection and advocacy system,established pursuant to § 51.5-39.13, a written report setting forth the known facts of critical incidents or

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deaths of individuals receiving services in facilities within 15 working days of the critical incident ordeath.

8. To work with the appropriate state and federal entities to ensure that any individual who hasreceived services in a state facility for more than one year has possession of or receives prior todischarge any of the following documents, when they are needed to obtain the services contained in hisdischarge plan: a Department of Motor Vehicles approved identification card that will expire 90 daysfrom issuance, a copy of his birth certificate if the individual was born in the Commonwealth, or asocial security card from the Social Security Administration. State facility directors, as part of theirresponsibilities pursuant to § 37.2-837, shall implement this provision when discharging individuals.

9. To work with the Department of Veterans Services and the Department for Aging andRehabilitative Services to establish a program for mental health and rehabilitative services for Virginiaveterans and members of the Virginia National Guard and Virginia residents in the Armed ForcesReserves not in active federal service and their family members pursuant to § 2.2-2001.1.

10. To establish and maintain a pharmaceutical and therapeutics committee composed ofrepresentatives of the Department of Medical Assistance Services, state facilities operated by theDepartment, community services boards, at least one health insurance plan, and at least one individualreceiving services to develop a drug formulary for use at all community services boards, state facilitiesoperated by the Department, and providers licensed by the Department.

11. To certify individuals as peer providers in accordance with regulations adopted by the Board.12. To establish and maintain the Commonwealth Mental Health First Aid Program pursuant to

§ 37.2-312.2.13. 12. To submit a report for the preceding fiscal year by December 1 of each year to the Governor

and the Chairmen of the House Appropriations and Senate Finances Committees that providesinformation on the operation of Virginia's publicly funded behavioral health and developmental servicessystem. The report shall include a brief narrative and data on the number of individuals receiving statefacility services or community services board services, including purchased inpatient psychiatric services;the types and amounts of services received by these individuals; and state facility and communityservices board service capacities, staffing, revenues, and expenditures. The annual report shall describemajor new initiatives implemented during the past year and shall provide information on theaccomplishment of systemic outcome and performance measures during the year.

Unless specifically authorized by the Governor to accept or undertake activities for compensation, theCommissioner shall devote his entire time to his duties.

§ 54.1-2400.1. Mental health service providers; duty to protect third parties; immunity.A. As used in this section:"Certified substance abuse counselor" means a person certified to provide substance abuse counseling

in a state-approved public or private substance abuse program or facility."Client" or "patient" means any person who is voluntarily or involuntarily receiving mental health

services or substance abuse services from any mental health service provider."Clinical psychologist" means a person who practices clinical psychology as defined in § 54.1-3600."Clinical social worker" means a person who practices social work as defined in § 54.1-3700."Licensed practical nurse" means a person licensed to practice practical nursing as defined in

§ 54.1-3000."Licensed substance abuse treatment practitioner" means any person licensed to engage in the

practice of substance abuse treatment as defined in § 54.1-3500."Marriage and family therapist" means a person licensed to engage in the practice of marriage and

family therapy as defined in § 54.1-3500."Mental health professional" means a person who by education and experience is professionally

qualified and licensed in Virginia to provide counseling interventions designed to facilitate anindividual's achievement of human development goals and remediate mental, emotional, or behavioraldisorders and associated distresses which interfere with mental health and development.

"Mental health service provider" or "provider" refers to any of the following: (i) a person whoprovides professional services as a certified substance abuse counselor, clinical psychologist, clinicalsocial worker, licensed substance abuse treatment practitioner, licensed practical nurse, marriage andfamily therapist, mental health professional, physician, professional counselor, psychologist, qualifiedmental health professional, registered nurse, registered peer recovery specialist, school psychologist, orsocial worker; (ii) a professional corporation, all of whose shareholders or members are so licensed; or(iii) a partnership, all of whose partners are so licensed.

"Professional counselor" means a person who practices counseling as defined in § 54.1-3500."Psychologist" means a person who practices psychology as defined in § 54.1-3600."Qualified mental health professional" means a person who by education and experience is

professionally qualified and registered by the Board of Counseling to provide collaborative mentalhealth services for adults or children. A qualified mental health professional shall provide such servicesas an employee or independent contractor of the Department of Behavioral Health and DevelopmentalServices or a provider licensed by the Department of Behavioral Health and Developmental Services.

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"Registered nurse" means a person licensed to practice professional nursing as defined in§ 54.1-3000.

"Registered peer recovery specialist" means a person who by education and experience isprofessionally qualified and registered by the Board of Counseling to provide collaborative services toassist individuals in achieving sustained recovery from the effects of addiction or mental illness, or both.A registered peer recovery specialist shall provide such services as an employee or independentcontractor of the Department of Behavioral Health and Developmental Services, a provider licensed bythe Department of Behavioral Health and Developmental Services, a practitioner licensed by or holdinga permit issued from the Department of Health Professions, or a facility licensed by the Department ofHealth.

"School psychologist" means a person who practices school psychology as defined in § 54.1-3600."Social worker" means a person who practices social work as defined in § 54.1-3700.B. A mental health service provider has a duty to take precautions to protect third parties from

violent behavior or other serious harm only when the client has orally, in writing, or via sign language,communicated to the provider a specific and immediate threat to cause serious bodily injury or death toan identified or readily identifiable person or persons, if the provider reasonably believes, or shouldbelieve according to the standards of his profession, that the client has the intent and ability to carry outthat threat immediately or imminently. If the third party is a child, in addition to taking precautions toprotect the child from the behaviors in the above types of threats, the provider also has a duty to takeprecautions to protect the child if the client threatens to engage in behaviors that would constitutephysical abuse or sexual abuse as defined in § 18.2-67.10. The duty to protect does not attach unless thethreat has been communicated to the provider by the threatening client while the provider is engaged inhis professional duties.

C. The duty set forth in subsection B is discharged by a mental health service provider who takesone or more of the following actions:

1. Seeks involuntary admission of the client under Article 16 (§ 16.1-335 et seq.) of Chapter 11 ofTitle 16.1 or Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.

2. Makes reasonable attempts to warn the potential victims or the parent or guardian of the potentialvictim if the potential victim is under the age of 18.

3. Makes reasonable efforts to notify a law-enforcement official having jurisdiction in the client's orpotential victim's place of residence or place of work, or place of work of the parent or guardian if thepotential victim is under age 18, or both.

4. Takes steps reasonably available to the provider to prevent the client from using physical violenceor other means of harm to others until the appropriate law-enforcement agency can be summoned andtakes custody of the client.

5. Provides therapy or counseling to the client or patient in the session in which the threat has beencommunicated until the mental health service provider reasonably believes that the client no longer hasthe intent or the ability to carry out the threat.

6. In the case of a registered peer recovery specialist or a qualified mental health professional whois not otherwise licensed by a health regulatory board at the Department of Health Professions, reportsimmediately to a licensed mental health service provider to take one or more of the actions set forth inthis subsection.

D. A mental health service provider shall not be held civilly liable to any person for:1. Breaching confidentiality with the limited purpose of protecting third parties by communicating the

threats described in subsection B made by his clients to potential third party victims or law-enforcementagencies or by taking any of the actions specified in subsection C.

2. Failing to predict, in the absence of a threat described in subsection B, that the client would causethe third party serious physical harm.

3. Failing to take precautions other than those enumerated in subsection C to protect a potential thirdparty victim from the client's violent behavior.

§ 54.1-2400.6. Hospitals, other health care institutions, home health and hospice organizations,and assisted living facilities required to report disciplinary actions against and certain disorders ofhealth professionals; immunity from liability; failure to report.

A. The chief executive officer and the chief of staff of every hospital or other health care institutionin the Commonwealth, the director of every licensed home health or hospice organization, the directorof every accredited home health organization exempt from licensure, and the administrator of everylicensed assisted living facility, and the administrator of every provider licensed by the Department ofBehavioral Health and Developmental Services in the Commonwealth shall report within 30 days, exceptas provided in subsection B, to the Director of the Department of Health Professions, or in the case of adirector of a home health or hospice organization, to the Office of Licensure and Certification at theDepartment of Health (the Office), the following information regarding any person (i) licensed, certified,or registered by a health regulatory board or (ii) holding a multistate licensure privilege to practicenursing or an applicant for licensure, certification or registration unless exempted under subsection E:

1. Any information of which he may become aware in his official capacity indicating that such a of 60

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health professional is in need of treatment or has been committed or admitted as a patient, either at hisinstitution or any other health care institution, for treatment of substance abuse or a psychiatric illnessthat may render the health professional a danger to himself, the public or his patients.

2. Any information of which he may become aware in his official capacity indicating, afterreasonable investigation and consultation as needed with the appropriate internal boards or committeesauthorized to impose disciplinary action on a health professional, that there is a reasonable probabilitythat such health professional may have engaged in unethical, fraudulent or unprofessional conduct asdefined by the pertinent licensing statutes and regulations. The report required under this subdivisionshall be submitted within 30 days of the date that the chief executive officer, chief of staff, director, oradministrator determines that a reasonable probability exists.

3. Any disciplinary proceeding begun by the institution, organization, or facility, or provider as aresult of conduct involving (i) intentional or negligent conduct that causes or is likely to cause injury toa patient or patients, (ii) professional ethics, (iii) professional incompetence, (iv) moral turpitude, or (v)substance abuse. The report required under this subdivision shall be submitted within 30 days of thedate of written communication to the health professional notifying him of the initiation of a disciplinaryproceeding.

4. Any disciplinary action taken during or at the conclusion of disciplinary proceedings or whileunder investigation, including but not limited to denial or termination of employment, denial ortermination of privileges or restriction of privileges that results from conduct involving (i) intentional ornegligent conduct that causes or is likely to cause injury to a patient or patients, (ii) professional ethics,(iii) professional incompetence, (iv) moral turpitude, or (v) substance abuse. The report required underthis subdivision shall be submitted within 30 days of the date of written communication to the healthprofessional notifying him of any disciplinary action.

5. The voluntary resignation from the staff of the health care institution, home health or hospiceorganization, or assisted living facility, or provider, or voluntary restriction or expiration of privileges atthe institution, organization, or facility, or provider, of any health professional while such healthprofessional is under investigation or is the subject of disciplinary proceedings taken or begun by theinstitution, organization, or facility, or provider or a committee thereof for any reason related to possibleintentional or negligent conduct that causes or is likely to cause injury to a patient or patients, medicalincompetence, unprofessional conduct, moral turpitude, mental or physical impairment, or substanceabuse.

Any report required by this section shall be in writing directed to the Director of the Department ofHealth Professions or to the Director of the Office of Licensure and Certification at the Department ofHealth, shall give the name and address of the person who is the subject of the report and shall fullydescribe the circumstances surrounding the facts required to be reported. The report shall include thenames and contact information of individuals with knowledge about the facts required to be reported andthe names and contact information of individuals from whom the hospital or health care institution,organization, or facility, or provider sought information to substantiate the facts required to be reported.All relevant medical records shall be attached to the report if patient care or the health professional'shealth status is at issue. The reporting hospital, health care institution, home health or hospiceorganization, or assisted living facility, or provider shall also provide notice to the Department or theOffice that it has submitted a report to the National Practitioner Data Bank under the Health CareQuality Improvement Act (42 U.S.C. § 11101 et seq.). The reporting hospital, health care institution,home health or hospice organization, or assisted living facility, or provider shall give the healthprofessional who is the subject of the report an opportunity to review the report. The health professionalmay submit a separate report if he disagrees with the substance of the report.

This section shall not be construed to require the hospital, health care institution, home health orhospice organization, or assisted living facility, or provider to submit any proceedings, minutes, records,or reports that are privileged under § 8.01-581.17, except that the provisions of § 8.01-581.17 shall notbar (i) any report required by this section or (ii) any requested medical records that are necessary toinvestigate unprofessional conduct reported pursuant to this subtitle or unprofessional conduct thatshould have been reported pursuant to this subtitle. Under no circumstances shall compliance with thissection be construed to waive or limit the privilege provided in § 8.01-581.17. No person or entity shallbe obligated to report any matter to the Department or the Office if the person or entity has actualnotice that the same matter has already been reported to the Department or the Office.

B. Any report required by this section concerning the commitment or admission of such healthprofessional as a patient shall be made within five days of when the chief executive officer, chief ofstaff, director, or administrator learns of such commitment or admission.

C. The State Health Commissioner or the, Commissioner of the Department of Social Services, andCommissioner of Behavioral Health and Developmental Services shall report to the Department anyinformation of which their agencies may become aware in the course of their duties that a healthprofessional may be guilty of fraudulent, unethical, or unprofessional conduct as defined by the pertinentlicensing statutes and regulations. However, the State Health Commissioner shall not be required toreport information reported to the Director of the Office of Licensure and Certification pursuant to this

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section to the Department of Health Professions.D. Any person making a report by this section, providing information pursuant to an investigation or

testifying in a judicial or administrative proceeding as a result of such report shall be immune from anycivil liability alleged to have resulted therefrom unless such person acted in bad faith or with maliciousintent.

E. Medical records or information learned or maintained in connection with an alcohol or drugprevention function that is conducted, regulated, or directly or indirectly assisted by any department oragency of the United States shall be exempt from the reporting requirements of this section to the extentthat such reporting is in violation of 42 U.S.C. § 290dd-2 or regulations adopted thereunder.

F. Any person who fails to make a report to the Department as required by this section shall besubject to a civil penalty not to exceed $25,000 assessed by the Director. The Director shall report theassessment of such civil penalty to the Commissioner of Health or the, Commissioner of Social Services,or Commissioner of Behavioral Health and Developmental Services, as appropriate. Any person assesseda civil penalty pursuant to this section shall not receive a license or certification or renewal of suchunless such penalty has been paid pursuant to § 32.1-125.01. The Medical College of Virginia Hospitalsand the University of Virginia Hospitals shall not receive certification pursuant to § 32.1-137 or Article1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of Title 32.1 unless such penalty has been paid.

§ 54.1-3500. Definitions.As used in this chapter, unless the context requires a different meaning:"Appraisal activities" means the exercise of professional judgment based on observations and

objective assessments of a client's behavior to evaluate current functioning, diagnose, and selectappropriate treatment required to remediate identified problems or to make appropriate referrals.

"Board" means the Board of Counseling."Certified substance abuse counseling assistant" means a person certified by the Board to practice in

accordance with the provisions of § 54.1-3507.2."Certified substance abuse counselor" means a person certified by the Board to practice in

accordance with the provisions of § 54.1-3507.1."Counseling" means the application of principles, standards, and methods of the counseling

profession in (i) conducting assessments and diagnoses for the purpose of establishing treatment goalsand objectives and (ii) planning, implementing, and evaluating treatment plans using treatmentinterventions to facilitate human development and to identify and remediate mental, emotional, orbehavioral disorders and associated distresses that interfere with mental health.

"Licensed substance abuse treatment practitioner" means a person who: (i) is trained in and engagesin the practice of substance abuse treatment with individuals or groups of individuals suffering from theeffects of substance abuse or dependence, and in the prevention of substance abuse or dependence; and(ii) is licensed to provide advanced substance abuse treatment and independent, direct, and unsupervisedtreatment to such individuals or groups of individuals, and to plan, evaluate, supervise, and directsubstance abuse treatment provided by others.

"Marriage and family therapist" means a person trained in the assessment and treatment of cognitive,affective, or behavioral mental and emotional disorders within the context of marriage and familysystems through the application of therapeutic and family systems theories and techniques.

"Marriage and family therapy" means the assessment and treatment of cognitive, affective, orbehavioral mental and emotional disorders within the context of marriage and family systems throughthe application of therapeutic and family systems theories and techniques and delivery of services toindividuals, couples, and families, singularly or in groups, for the purpose of treating such disorders.

"Practice of counseling" means rendering or offering to render to individuals, groups, organizations,or the general public any service involving the application of principles, standards, and methods of thecounseling profession, which shall include appraisal, counseling, and referral activities.

"Practice of marriage and family therapy" means the assessment and treatment of cognitive, affective,or behavioral mental and emotional disorders within the context of marriage and family systems throughthe application of therapeutic and family systems theories and techniques, which shall includeassessment, treatment, and referral activities.

"Practice of substance abuse treatment" means rendering or offering to render substance abusetreatment to individuals, groups, organizations, or the general public.

"Professional counselor" means a person trained in the application of principles, standards, andmethods of the counseling profession, including counseling interventions designed to facilitate anindividual's achievement of human development goals and remediating mental, emotional, or behavioraldisorders and associated distresses that interfere with mental health and development.

"Qualified mental health professional" means a person who by education and experience isprofessionally qualified and registered by the Board to provide collaborative mental health services foradults or children. A qualified mental health professional shall provide such services as an employee orindependent contractor of the Department of Behavioral Health and Developmental Services or aprovider licensed by the Department of Behavioral Health and Developmental Services.

"Referral activities" means the evaluation of data to identify problems and to determine advisability of 60

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of referral to other specialists."Registered peer recovery specialist" means a person who by education and experience is

professionally qualified and registered by the Board to provide collaborative services to assistindividuals in achieving sustained recovery from the effects of addiction or mental illness, or both. Aregistered peer recovery specialist shall provide such services as an employee or independent contractorof the Department of Behavioral Health and Developmental Services, a provider licensed by theDepartment of Behavioral Health and Developmental Services, a practitioner licensed by or holding apermit issued from the Department of Health Professions, or a facility licensed by the Department ofHealth.

"Residency" means a post-internship supervised clinical experience registered with the Board."Resident" means an individual who has submitted a supervisory contract to the Board and has

received Board approval to provide clinical services in professional counseling under supervision."Substance abuse" and "substance dependence" mean a maladaptive pattern of substance use leading

to clinically significant impairment or distress."Substance abuse treatment" means (i) the application of specific knowledge, skills, substance abuse

treatment theory, and substance abuse treatment techniques to define goals and develop a treatment planof action regarding substance abuse or dependence prevention, education, or treatment in the substanceabuse or dependence recovery process and (ii) referrals to medical, social services, psychological,psychiatric, or legal resources when such referrals are indicated.

"Supervision" means the ongoing process, performed by a supervisor, of monitoring the performanceof the person supervised and providing regular, documented individual or group consultation, guidance,and instruction with respect to the clinical skills and competencies of the person supervised.

§ 54.1-3505. Specific powers and duties of the Board.In addition to the powers granted in § 54.1-2400, the Board shall have the following specific powers

and duties:1. To cooperate with and maintain a close liaison with other professional boards and the community

to ensure that regulatory systems stay abreast of community and professional needs.2. To conduct inspections to ensure that licensees conduct their practices in a competent manner and

in conformance with the relevant regulations.3. To designate specialties within the profession.4. To administer the certification of rehabilitation providers pursuant to Article 2 (§ 54.1-3510 et

seq.) of this chapter, including prescribing fees for application processing, examinations, certification andcertification renewal.

5. [Expired.]6. To promulgate regulations for the qualifications, education, and experience for licensure of

marriage and family therapists. The requirements for clinical membership in the American Associationfor Marriage and Family Therapy (AAMFT), and the professional examination service's nationalmarriage and family therapy examination may be considered by the Board in the promulgation of theseregulations. The educational credit hour, clinical experience hour, and clinical supervision hourrequirements for marriage and family therapists shall not be less than the educational credit hour,clinical experience hour, and clinical supervision hour requirements for professional counselors.

7. To promulgate, subject to the requirements of Article 1.1 (§ 54.1-3507 et seq.) of this chapter,regulations for the qualifications, education, and experience for licensure of licensed substance abusetreatment practitioners and certification of certified substance abuse counselors and certified substanceabuse counseling assistants. The requirements for membership in NAADAC: the Association forAddiction Professionals and its national examination may be considered by the Board in thepromulgation of these regulations. The Board also may provide for the consideration and use of theaccreditation and examination services offered by the Substance Abuse Certification Alliance of Virginia.The educational credit hour, clinical experience hour, and clinical supervision hour requirements forlicensed substance abuse treatment practitioners shall not be less than the educational credit hour,clinical experience hour, and clinical supervision hour requirements for licensed professional counselors.Such regulations also shall establish standards and protocols for the clinical supervision of certifiedsubstance abuse counselors and the supervision or direction of certified substance abuse counselingassistants, and reasonable access to the persons providing that supervision or direction in settings otherthan a licensed facility.

8. To maintain a registry of persons who meet the requirements for supervision of residents. TheBoard shall make the registry of approved supervisors available to persons seeking residence status.

9. To promulgate regulations for the registration of qualified mental health professionals, includingqualifications, education, and experience necessary for such registration.

10. To promulgate regulations for the registration of peer recovery specialists who meet thequalifications, education, and experience requirements established by regulations of the Board ofBehavioral Health and Developmental Services pursuant to § 37.2-203.

§ 54.1-3506.1. Client notification.Any person licensed, certified, or registered by the Board and operating in a nonhospital setting shall

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post a copy of his license, certification, or registration in a conspicuous place. The posting shall alsoprovide clients with (i) the number of the toll-free complaint line at the Department of HealthProfessions, (ii) the website address of the Department for the purposes of accessing the licensee's,certificate holder's, or registrant's record, and (iii) notice of the client's right to report to the Departmentif he believes the licensee, certificate holder, or registrant may have engaged in unethical, fraudulent, orunprofessional conduct. If the licensee, certificate holder, or registrant does not operate in a centrallocation at which clients visit, he or his employer shall provide such information on a disclosure formsigned by the client and maintained in the client's record.2. That the Board of Behavioral Health and Developmental Services and the Board of Counselingshall promulgate regulations to implement the provisions of this act to be effective within 280 daysof its enactment.

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board of counseling quarterly board meeting …...natkai akbar, lpc applicant the agency subordinate...

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